People v. Jacobs

Judgment unanimously affirmed. Memorandum: Defendant contends that the proof was not legally sufficient to sustain his conviction of assault in the second degree. We reject that contention. The People’s proof, if accepted as true, established every element of the offense charged (see, CPL 70.10 [1]).

We further reject defendant’s contention that the verdict was inconsistent and repugnant. Defendant has failed to preserve that issue for our review (see, People v Baldwin, 130 AD2d 666). Were we to review defendant’s contention in the interest of justice, we would conclude that it is without…